On August 7, 2025, the Ecommerce Innovation Alliance (EIA) President & CEO David Carter, alongside former FCC Commissioner Michael O’Rielly, held two significant ex parte meetings with Federal Communications Commission (FCC) leadership.
The first meeting was with Commissioner Trusty and Jessica Kinsey, Acting Legal Advisor to Commissioner Trusty. A second meeting was held with Callie Coker, Legal Advisor to Chairman Carr.
These meetings build upon our ongoing efforts, including a prior ex parte meeting held on June 10, 2025, and our previously submitted Petition for Declaratory Ruling to the FCC on March 3, 2025. The discussions focused on two key aspects impacting U.S. ecommerce operations:
Combating Frivolous “Quiet Hours” Litigation: We pressed the urgent need for an FCC Order clarifying the long-held view that consumers who provide prior express consent to receive text messages have no legal basis to sue under the Telephone Consumer Protection Act (TCPA) for messages received outside “quiet hours”. Despite clear law for over 20 years, a single South Florida law firm continues to mislead consumers, initiating over 343 class action litigations or demand letters since November 2024 against businesses, including small and mid-size ecommerce companies. These meritless cases impose significant financial burdens, often representing the difference between a paycheck or hiring new employees.
Addressing “Called Party Location” for Mobile Phones: Our discussions also covered the challenge of applying the “called party location” standard to mobile phones, as location-based data is not accessible to third parties. The FCC has not explicitly addressed this standard’s application for mobile devices. We advocated for the adoption of an area code-based “safe harbor” to provide businesses with the necessary clarity for compliance, or, in the alternative, a rulemaking proceeding to examine this issue thoroughly.
The EIA continues to educate regulators on the real-world impact of regulations, advocating for reforms that correct unintended consequences and protect law-abiding businesses.
Join the EIA today to help strengthen and shape policies that affect all ecommerce businesses. Together, we can continue to create the future of ecommerce. Subscribe to EIA email updates to stay informed on key developments and their impact on your business.
